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Minutes of 6/7/2012 APPROVED

July 9th, 2012

TOWN OF CARROLL
PLANNING BOARD

MINUTES
June 7, 2012

APPROVED

Members Present: Chairman, Dr. Evan Karpf, Vice Chairman, Erik Bergum, Selectmen Representative, William Dowling, and members Donna Foster, Richard Nelson, Ernest Temple and Kenneth Mills.

Also present were members of the public; Steven Messina, Thomas S. Smith (land surveyor for Mr. Messina), Theo Kupper, PE (Provan and Lorber), Attorney Thomas R. Watson (for CNL, Dartmouth Brook), Tyler Phillips (Horizons Engineering), David Scalley (Hunt Properties LLC) Larry Magor (Omni Mount Washington Resort)

7:00 PM A quorum being present, Chairman Karpf called the meeting to order and the Pledge of Allegiance was recited.

Minutes Review
Minutes of May 3, 2012
After a short discussion which included a correction on page 2, last paragraph, it should be “east” not “west”. Also the question remained even after review of the audio tape, as to who offered the motion to adjourn. The Secretary will review the DVD for this correction.

Chairman Karpf offered a motion to table the Minutes of May 3, 2012 until the July 5, 2012 meeting. Mr. Temple seconded the motion. The vote was 7 – 0. The motion carries.

Chairman Karpf said he would like to make everyone aware that DVD’s of meetings are now available in the Library

Chairman Karpf said the Code Enforcement Officer’s report is included in the members’ meeting folder.

It was brought to the attention of the Board that the snowmobile rental structure was still at the Bretton Woods Irving Station. The Secretary was asked to check the file for a deadline and contact the Code Enforcement Officer if necessary.
Page 2 of 7
Planning Board
June 7, 2012

Chairman Karpf told the Board, regarding the Third Party Review, the Local Government Center advises that since it was adopted by the Town, it must be defined. He said he will bring this back to the Board at a future date.

Old Business
Dartmouth Brook Sub-division – stabilization plan and possible bond reduction

Attorney Watson spoke for CNL. He reviewed the history of the project. He stated that he has worked with Town Counsel and Horizons Engineering on the issue of the bond reduction. He spoke of the temporary stabilization plan. Originally the temporary plan was used to develop an estimate of how much a permanent stabilization plan would cost. Using that cost, a figure for a bond amount for the permanent stabilization of the area was developed.

Since then, and after the snow cover melted allowing closer inspection of the site, Ted Kupper of Provan and Lorber, the Town’s engineering consultant firm, met with a group representing CNL and developed a different strategy based on the area as it now stands. A permanent stabilization plan was developed and from there a cost estimate was made. The cost estimate would then be used to establish how much the new bond should be.

Mr. Kupper gave the Board a letter outlining his thoughts and concerns regarding the Horizons stabilization plan. After much discussion on various aspects of the project and the timing of different components of the plan, there was eventual agreement by Attorney Watson to the concerns and recommendations made by Mr. Kupper and the Board. This agreement included keeping the reduced bond in place for one year and then, after Provan and Lorber inspects the area and is satisfied that no failure has occurred in the stabilization, the Planning Board will recommend to the Selectmen that the reduced bond be released by the Town. The amount of the reduced bond was agreed upon to be $41,500.00 (Forty One Thousand Five Hundred Dollars)

Chairman Karpf offered a motion to accept the proposal after review by Town Counsel and subject to inspection of the stabilized area by the Planning Board or approved Planning Board designated third party, by or before June 1, 2013. Mr. Dowling seconded the motion
An amendment was offered by Mr. Bergum to include thirty (30) days to complete the work on the large ditch area at the entrance, twenty one (21) days to complete all of phase one and all work to be completed by September 1, 2012. Mr. Dowling seconded the amendment.
The vote on the amended motion was 7 – 0. The amended motion carries.
Page 3 of 7
Planning Board
June 7, 2012

Public Hearing
Steven Messina – Application for a Minor Sub-division Map 419 Lot 16

Mr. Bergum offered a motion to open the Public Hearing. Mr. Dowling seconded the motion. The vote was 7 – 0. The motion carried.

Chairman Karpf read the application. Thomas Smith, PE., explained that Mr. Messina will use the Ammonoosuc River as a boundary for the original (old) house and the parcel will be 5.71 acres. The present (new) house will sit on a 32.4 acre parcel.

Mr. Messina explained that the reason for the sub-division request is to be able to petition the NH Department of Transportation for a driveway permit for the smaller parcel. He said the NH DOT will not even consider a driveway permit unless that parcel with the house on it, is
sub-divided into its own lot. It was explained that each house has its own septic and water hook ups

Chairman Karpf read Chapter 303.1 of the regulations and said that the area in question is in the Residential I zone which allows this type of sub-division. He said the set-backs are met and are not an issue and the acreage is greater than required.

It was also noted that there is some land in Current Use. Mr. Messina produced documentation showing that he has met the Current Use requirements. Chairman Karpf said he had a discussion with the Town Clerk who had concerns regarding the Current Use situation and advised Mr. Messina to see her.

As no further comments from the applicant or the public were forth coming, Chairman Karpf closed the public hearing.

Mr. Temple offered a motion to approve the Steven Messina minor sub-division of Map 419 Lot 16 with the following conditions.
The Town Clerk is satisfied that all Current Use requirements have been met
The NH DOT issues a driveway permit
Mr. Bergum seconded the motion.
Discussion: It was noted that the NH DOT would not issue a driveway permit if the Planning Board did not approve the minor sub-division resulting in a catch 22 situation.

Page 4 of 7
Planning Board
June7, 2012

Mr. Temple withdrew his motion and Mr. Bergum withdrew his second.
Chairman Karpf offered a motion to approve the Steven Messina minor sub-division of Map 419 Lot 16 with the following conditions.
The Town Clerk is satisfied that all Current Use requirements have been met
If the NH DOT does not issue a driveway permit in nine (9) months, Mr.
Messina will come back to the Planning Board for a Boundary Line
Adjustment
Mr. Mills seconded the motion. The vote was 7 – 0. The motion carries.

Old Business
David Scalley – Hunt Properties, LLC, update on conditions

Mr. Scalley produced documentation showing he has complied with all of the conditions set by the Planning Board regarding his Site Plan Review of Map 207 Lot 11. His documentation from Headwaters Hydrology regarding the sub-surface disposal design flows, shows that his current system falls within the parameters of the ENV-Wq 1004.15 Expansion Rule Flow Chart relieving him of the need for a new septic design. There will be no increase in flow.

Regarding the State Handicap Accessibility, since there are no handicap apartments in the plan, there is no need for this condition. He already has handicap accessibility to the restaurant which is not part of this site plan review.

The State parking requirement should be “Town Parking Requirements” which he meets. The State outside lighting requirements should be “Town outside lighting requirements” which he also meets. He delivered the NH DOT driveway permit application, meeting that condition. The Code Enforcement Officer’s letter of construction approval dated May 22, 2012, documents his meeting of the condition.

The only outstanding condition is the Life Safety - Fire Chief condition. Mr. Scalley said he is working with Mark Brodeur on that point.

Mr. Scalley told the Planning Board he had difficulty getting insurance because of the multi-use of the building. It was found that the fire wall between the restaurant and the living areas is in a deteriorated condition and he may need to rebuild it. If he needs to rebuild, it will be in the same footprint.
Page 5 of 7
Planning Board
June 7, 2012


Chairman Karpf said the correction to the septic design condition will be made at the July 5, 2012 meeting. Chairman Karpf also clarified that Mr. Scalley can start work on his project since he has the construction approvals.

CNL – modifications to mylars and conditions

Chairman Karpf read Town Counsel’s recommendations regarding the conditions set on the approval of the boundary line adjustments on Map 210 Lots 8 and 10 and Map 211 Lots 14, 19, 20, 46.1, 46.2 and 47. The conditions set had been 1) there will be no construction on any part of these lots. 2) the deed(s) describing the transfers will be forwarded to the Planning Board Secretary when available.

After discussion of Town Counsel’s recommendations;
Chairman Karpf offered a motion to rescind the wording of the conditions and accept the new wording authored by Town Counsel which appears on the mylars Mr. Bergum seconded the motion.

Discussion: The new wording is, “It is a condition of the approval of this plan that the premises labeled as “24.08 acres added to tax map 211 lot 47 shall not be separately conveyed, shall not be deemed or considered a separate lot of record, but shall constitute an annexation and shall be regarded as merged into and made an integral part of tax map 211 lot 47.

It is a condition of the approval of this plan that the premises labeled as “0.12 acres added to tax map 210 lot 8 shall not be separately conveyed, shall not be deemed or considered a separate lot of record, but shall constitute an annexation and shall be regarded as merged into and made an integral part of tax map 210 lot 8

It is a condition of the approval of this plan that the premises labeled as “0.46 acres added to tax map 210 lot 8 shall not be separately conveyed, shall not be deemed or considered a separate lot of record, but shall constitute an annexation and shall be regarded as merged into and made an integral part of tax map 210 lot 8




Page 6 of 7
Planning Board
June 7, 2012

It is a condition of the approval of this plan that the premises labeled as “1.70 acres added to tax map 210 lot 8 shall not be separately conveyed, shall not be deemed or considered a separate lot of record, but shall constitute an annexation and shall be regarded as merged into and made an integral part of tax map 210 lot 8

It is a condition of the approval of this plan that the premises labeled as “0.13 acres added to tax map 210 lot 8 shall not be separately conveyed, shall not be deemed or considered a separate lot of record, but shall constitute an annexation and shall be regarded as merged into and made an integral part of tax map 210 lot 8

It is a condition of the approval of this plan that the premises labeled as “13.73 acres added to tax map 211 lot 14” shall not be separately conveyed, shall not be deemed or considered a separate lot of record, but shall constitute an annexation and shall be regarded as merged into and made an integral part of tax map 211 lot 14”

It is a condition of the approval of this plan that the premises labeled as “0.10 acres added to tax map 211 lot 14” shall not be separately conveyed, shall not be deemed or considered a separate lot of record, but shall constitute an annexation and shall be regarded as merged into and made an integral part of tax map 211 lot 14”.

The vote was 7 – 0. The motion carries.

Amendment to Rules of Procedure/Approval and Forms

Mr. Mills asked the Board about attending the meetings via electronic means. RSA 91-A speaks to this. It was noted that a person attending electronically could not count towards a quorum, however, once a quorum is seated, the electronically attending member could take part in discussions and vote on the matters at hand.

Mr. Mills said this would be the exception rather than the practice. He said he would rather be attending physically but if he is unable to due to his work schedule, he could use this medium as mostly an “ears only” mechanism to stay up to date on issues before the Board.

It was the consensus that this should be added to the Rules of Procedure.


Page 7 of 7
Planning Board
June 7, 2012


A number of changes were made to the draft among them;
Officers of the Board will be elected in April
Insert the Select Board’s policy regarding electronic attendance
Under “Meetings” keep Chairman as the appointing authority of alternates
Meetings are held at Town Hall at 7:00 PM on the first Thursday of each month
Under Order of Business – delete role call attendance and note attendance recorded by
the Secretary
Applications will be read by the Chairman (not secretary)
Planning Board hires an employee then they become an employee of the municipality
RSA 673:16
If disqualification becomes an issue, the Board will vote on the disqualification after
proof of a conflict is given by the person requesting disqualification. It was
noted that even with a vote of the Board for disqualification, the member is not
legally obligated to disqualify himself

Chairman Karpf offered a motion to accept the changes to the Rules of Procedure. Mr. Temple and Mr. Bergum seconded the motion. The vote was 7 – 0. The motion carries

Chairman Karpf said the Board will continue to update these Rules of Procedure and will address the forms at the next meeting.

Mr. Bergum offered a motion to adjourn. Everyone seconded the motion. The vote was 7 – 0 . the motion carries.

10:00 PM Chairman Karpf adjourned the meeting.

Respectfully submitted,
Linda J. Dowling
Secretary
Carroll Planning Board